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Land law help me!!!!

If there are 5 people (A,B,C,D&E) who are living as joint tenants, then one of them (A) decides to sell to someone else (a third party 'X') that severs the Joint tenancy and becomes a Tenancy in common because that new person ('X') will only have the unity of possession. Also seeing as joint tenancy's cannot be severed at law the original person (A) will still have legal interest just they sold their beneficial interest. Am I right? Also because A severed the joint tenancy into a tenancy In common, are the remaining people (B,C,D&E) joint tenants or tenants in common?
Reply 1
At least make a start on this. We can't and won't do this homework for you.
Original post by Lawstudentsaveme
If there are 5 people (A,B,C,D&E) who are living as joint tenants, then one of them (A) decides to sell to someone else (a third party 'X') that severs the Joint tenancy and becomes a Tenancy in common because that new person ('X') will only have the unity of possession. Also seeing as joint tenancy's cannot be severed at law the original person (A) will still have legal interest just they sold their beneficial interest. Am I right? Also because A severed the joint tenancy into a tenancy In common, are the remaining people (B,C,D&E) joint tenants or tenants in common?

This revision video (link below) may answer some of your questions

YouTube 5 key points on co-ownership

BiteSizeLaw
(edited 4 years ago)
Original post by Bitesizelaw
This revision video (link below) may answer some of your questions

Link to 5 key points to remember about co-ownership

BiteSizeLaw

Thank you. I did find the video helpful in understanding that the remaining tenants are Joint tenants whereas the individual who severed is a TiC. So in the scenario I gave above, A will remain as legal ownership but X will have taken his place as equitable? Therefore were the house to be sold the monies would go to X? And A gets nothing? Excpet he has to be notified of the selling I suppose...??? Sorry I’m very confused on the matter and have watched a number of videos and read textbooks on it..
Original post by Mimir
At least make a start on this. We can't and won't do this homework for you.

Hi, I’ve already made a start on this assignment using lecture notes and the textbook. I just wanted to clarify that what I am saying is correct. Not for you to do my homework for me.
Original post by Lawstudentsaveme
Thank you. I did find the video helpful in understanding that the remaining tenants are Joint tenants whereas the individual who severed is a TiC. So in the scenario I gave above, A will remain as legal ownership but X will have taken his place as equitable? Therefore were the house to be sold the monies would go to X? And A gets nothing? Excpet he has to be notified of the selling I suppose...??? Sorry I’m very confused on the matter and have watched a number of videos and read textbooks on it..

See my comments in red (BSL)

A will remain as legal ownership correct but X will have taken his place as equitable? Yes Therefore were the house to be sold the monies would go to X? And A gets nothing? (The facts state '...then one of them (A) decides to sell (💡Think about the consequences of this 💷💰💰. A has already received sale proceeds when he sold his share) to someone else (a third party 'X'.). Excpet he has to be notified of the selling I suppose...

Hints from BiteSizeLaw:listen:
Think about who the parties to the sale are. The trustees or the beneficiaries? Who does the purchaser pay the purchase money to? If it is the current trustees; who do they hold the money on trust for (i.e. who are the beneficiaries)? Who is entitled to the sale proceeds under that trust?

I apologise for responding with questions; but I don't feel comfortable providing outright answers now you have indicated that this is for an assignment.

Good luck with it.

BiteSizeLaw

Link to YouTube video - 5 key points to remember about co-ownership

p.s.To readers of my posts. Please give me a thumbs up by clicking on the icon below if you found any of my comments helpful. Thank you :smile:
(edited 4 years ago)

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